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(영문) 대구지방법원 2016.12.21 2016고단5660
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2016, at around C convenience points in Daegu Suwon-gu B, around 04:35, the Defendant expressed his desire to “I will be aware of his personal information,” and expressed his desire to “I will be able to write off E’s shoulder by cutting off the 112-report so as to cover the relevant disease on the floor under influence of alcohol from E in the circumstances of the D District of the Daegu Suwon-gu Police Station D District, which was called upon 112 and called “I will be able to do so. I will be able to do so. I will be able to do so. I will be able to do so.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (Hearing statements by shots);

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-one year and four months) of the obstruction of performance of official duties (6-one year and four months), [decision of sentence] The defendant is divided by mistake, and the defendant has no record of criminal punishment except for punishment sentenced to one time a fine due to the crime of causing property damage in 2015, considering the fact that there is no record of other criminal punishment in favor of the defendant in favor of the defendant. In addition, the sentence like the order is imposed considering two factors of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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